Category: Leadership

Emotional intelligenceLeadershipPeople skillsProfessional developmentProfessional responsibility

The Good Lawyer

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“What does it mean to be a good lawyer?” Thus begins The Good Lawyer: Seeking Quality in the Practice of Law by Douglas O. Linder & Nancy Levit (Oxford 2014). The introduction assures readers there will not be chapters such as “The Good Lawyer Uses Proper Citation Format.” (Why not? asks the legal writing professor.)

Instead, The Good Lawyer explores empathy, courage, willpower, valuing others in the legal community, intuition as well as deliberation, realistic thinking, the pursuit of justice, integrity, and persuasion. Its final chapter addresses the difficulty of all of these in the current legal climate. 

The book is largely aspirational but delves into skills and techniques. Its first chapter—”The Good Lawyer Is Empathetic”—would be valuable to any lawyer who wants to be a better listener.

Empathy has been defined as “our ability to identify what somebody else is thinking or feeling and to respond to their thoughts or feelings with an appropriate emotion.”

And what are the actual benefits of a lawyer’s being empathetic?

First, empathy enables you to acknowledge and respect other people’s thoughts, so they feel valued. Second, empathy substantially reduces the likelihood of miscommunications that can lead to wasted effort and counterproductive results. Third, as you become more aware of other people’s feelings, you more readily assess their feelings toward you and can make adjustments to smooth things over when necessary.* . . . Fourth, having walked inside another’s skin, you’ll be better able to compellingly tell that person’s story, should the time and place arise for it.

*The omitted portion of the quote says this: “When others think you’re being a jerk, at least you know it soon enough to stop your jerk-like behavior and apologize.”

I am well aware of the sentiment that being a jerk is necessary or even desirable at times, as a way of serving a client’s interests. It shouldn’t be surprising to learn that’s not the agenda of Linder and Levit. In their chapter on serving the true interests of clients, they walk through various roles a lawyer may serve: helping the client win; being a “mere tool” of the client’s autonomy; or essentially telling the client what to do based on the lawyer’s legal expertise.

Their recommended approach is none of these in isolation. Instead they embrace more of a collaborative deliberation: “The most demanding and also the most rewarding function that lawyers perform is to help their clients decide what it is that they really want, to help them make up their minds as to what their ends should be” (quoting Anthony Kronman). Linder and Levit acknowledge that “many forces today conspire to limit opportunities for lawyers and clients to enter into deep moral conversations, as friends might do.”

They go on to discuss specific communication techniques to help lawyers learn more about their clients’ interests in meaningful conversations. For example lawyers can frame conversations in terms of “we” (i.e. the lawyer and client together). Lawyers can ask clients who else would be affected by various approaches, and how those others might respond. 

These suggested techniques are valuable, yet perhaps meager given what it takes to forge a truly collaborative relationship and be someone’s friend in a moral sense. On this point and others, the book was (lightly) critiqued by David Lat in the Wall Street Journal as being better at issue-spotting than at deeply diving into practical solutions. 

The issues to be spotted include a number of tough questions. For example, are empathetic lawyers born, or can they be made? Linder and Levit review psychological literature showing that empathy can be taught in the sense that people can get better at recognizing emotions. The evidence is weaker for the teachability of the empathetic response. A checklist on “How to Make the Most of Your Empathy” (page 17) would be a good primer for new lawyers, or for more experienced lawyers who want to work on making a better connection with clients. The book also cites the scholarship of Kristin Gerdy and Ian Gallacher on incorporating empathy into legal education and teaching students how to “think like a non-lawyer.”

Another tough issue both individually and socially is whether empathy can  actually be harmful. Highly empathetic people may burn out and run from extremely painful situations, or may cross ethical boundaries to help those with whom they empathize. (In raising the topic of whether judges should be empathetic, the book cites Justice Blackmun’s “Poor Joshua!” dissent, recently in the news again after the death of Joshua DeShaney at age 36.)

The chapter on persuasion features the book’s most specific treatment of listening and lawyering:

Listening and interpreting body language, two skills that allow us to understand—and then better influence—the thinking and emotion of others, receive nothing like the attention each deserves. Only by listening to a client can a lawyer understand what the client wants and develop a theme for a story that might help the client her goal, and listening carefully to a judge’s questions or remarks is essential to the process of addressing any concerns the judge might have with your argument. People, of course, send signals with their bodies, not just with their words, and being attentive to the body language of clients, witnesses, jurors, and judges also can be critical to a lawyer’s success. Sometimes lawyers are so focused on covering each of twenty points on the outline of an argument that they don’t see the judge or juror stifling a yawn, raising eyebrows, or crossing arms; these are all signs that the lawyers are going seriously off track and need to change course. Defense lawyer F. Lee Bailey, describing the work of another lawyer he admired, said that he kept his eyes “ever on his audience.” Bailey continued, “The slightest quizzical brow, a mere change of impression of a single juror, these would be a sign from which he could shift and bear down on a point, paraphrase it if he thought the first shot hadn’t got through, or shift his topic if he thought attention was starting to drift.”

There is no chapter titled “The Good Lawyer Listens.” Yet The Good Lawyer advocates that the good lawyer does listen. Listening helps lawyers understand clients and make them feel valued. If that’s not enough, listening also helps lawyers figure out what to say.

Clinical legal educationCollaborationEmotional intelligenceLeadershipLegal communication

What is listening? Q&A with Jennie Grau

One of the best things about writing this blog has been the opportunity to talk with and meet (in person, by phone, or by e-mail) a variety of communication experts. One of them is Jennie Grau, President of Grau Interpersonal Communications. Jennie has spent her career training, coaching, writing, and speaking, on the subject of listening. She is a Certified Listening Professional (CLP) of the International Listening Association. Although not an attorney, she is surrounded by attorneys in her family life. In her professional work, she has done a variety of trainings with lawyers and other legal professionals. Listen Like a Lawyer is grateful to Jennie Grau for responding to this Q&A.

What would you say are the classic concepts in listening?

Listening is thought of and explored from many perspectives. Musicians talk about listening in terms of entertainment, emotions, and aesthetics. Listening to music is a form of appreciative listening. While it may not seem pertinent to lawyers, there is a music of the voice which through tone, pace, pause, and quality communicates the emotional undercurrent of human interaction.

In legal contexts and in law school, listening is often thought of as a tool to support critical thinking and analysis. The focus is on critical listening, or reply style listening, to better advocate for a position.

Empathic listening, often associated with medical and therapeutic contexts, is equally important for dispute resolution. Empathic listening involves being able to understand and articulate another person’s perspective. If you can see the world through someone else’s eyes, you are better able to uncover viable solutions which result in more successful negotiations. In addition to dispute resolution, empathic listening is key to building rapport, loyalty, and trust, the foundations of good relationships with both clients and colleagues.

Mindfulness is another form of listening. It involves listening to oneself. Mindfulness can be thought of as the ability to still one’s own thoughts. It expands one’s awareness and ability to concentrate. The aggressive Type-A business personality may not intuitively embrace the idea of listening to self. The need to quiet the noise in our heads, to fully focus, to relinquish the speaker role, is essential for full understanding. Mindfulness is appreciated by the business community when it is recognized as a tool to accomplish their goals.

What package of listening skills do lawyers need?

Stephen R. Covey observed that “most people do not listen with the intent to understand; they listen with the intent to reply.” In fact, one of the skills of advocacy is “listening to reply.” Listening to reply is important because lawyers have to give advice, set an agenda, evaluate, and at times rebut.

But there is a complementary other half of that famous statement—the listening to understand. That second set of skills, inquiry, comprehending, supporting and uniting, is important because the courtroom is not the only legal context where listening happens. In these additional contexts understanding the other party is a powerful skill.

Think about who is encouraged to go to law school. If you are good at debate and rhetoric, people say, “You should be a lawyer!” But if you are a brilliant listener and can understand the human condition, no one says that. They say, “You should be a social worker or psychologist or go into business.”

Among this second set of skills, lawyers need the skill of inquiry. That’s different from interrogation. Inquiry sustains rapport during an interaction while uncovering new information. Lawyers also need skills that demonstrate comprehension such as paraphrasing what was said and sometimes what is not said overtly but implied such as the feelings, needs, and interests of the speaker.

Lawyers also need the skill of unifying parties’ discrepant interests. For example, in a gritty and messy divorce, lawyers benefit from the skill of keeping people at the table and working through the issues. In dealing with family conflict, the lawyer may need to listen through years of emotions and relationship issues. In listening to what lies below the objective statement, the lawyer can recognize possible solutions by understanding what is important to each party.

Why is it important to develop those deeper listening skills?

 Because there are so many benefits, for both tasks and relationships, when you listen deeply. Real listening means getting to a shared understanding between speaker and listener. Without that, we lose vast amounts of data that could help solve problems and resolve conflicts. Deep listening is worth the effort.

How do you know if you are good or bad at listening?

The short answer is you ask key people in your life for feedback: your colleagues, your family, and your friends. Our own perception of our listening skills is usually inaccurate. Ask questions like:

  • Do I focus on you and what you are saying when you want my attention?
  • Do I seem to understand what you mean rather than what I would mean if I had said the same thing?
  • Do I remember what you tell me?
  • Do you feel like I really listen to you?

Most people’s listening is unskilled. We rarely teach this in schools, and we are blind to the fact we are unskilled. Prior to my seminars, I ask people to rate how skillful they are as listeners. On average I get a rating of 80%. After the seminar I ask again. They laugh and tell me they did not know how much they did not know.

What is your advice for lawyers and other legal professionals?

Assume there is more than you are getting

When you are listening begin with the assumption that what you understand may not be accurate or complete. Create opportunities to explore a conversation more fully: “What did you mean?” “Tell me more.” “How does that work?” The beginning of listening is recognizing how likely you are to have misunderstood what the other person meant.

Appreciate the power of the pause

It may seem like a speaker is finished. They may use downward inflection in their speech and break eye contact but still have more to say. A listener can use the pause: count to ten and do a full inhale and exhale before going on or even asking a follow up. You will be surprised to discover how often more will come. This is particularly true when you are listening to someone speaking in a language other than their first language.

Try “the five why’s

This means asking “why” five times. This practice comes from the world of engineering. The theory is that the first time someone answers a question about “why,” their answer is probably superficial. Going beyond the first answer allows the speaker to find the root cause and gives them more time to connect ideas that they had not connected before. This technique is especially effective if you don’t use the word “why” which can cause people to feel defensive. Instead ask a “why question” saying “How come?” “What caused that?” or “What lead to that?”

What else?

Use this technique when you believe everything has been said and you are effectively done with the discussion. Questions such as “Is there anything else?” and “What else should we be talking about?” often elicit new information. It is shocking how often people will add new and often critical content at this time. There is a parallel in the medical field, “the door knob moment” when the doctor is about to leave the exam room and the patient shares new and important health information.

Build the listening container with your non-verbal presence

The way listeners use their face, eyes, body, posture, gesture and voice create a context for interaction. Your non-verbal presence can put people at ease or make them more guarded. People often enter a lawyer’s office with anxiety. They may not be happy to be there. They may be worried about the cost or the outcome. Many people are uncomfortable with conflict. It’s an unfamiliar setting and alien experience. In this context, listening is extremely important for building trust with new clients and ensuring existing clients follow your advice. It is a way for you to develop respect.

This Q&A has been condensed and edited for brevity.

Listen Like a Lawyer is currently working with Jennie Grau and several other lawyers/mediators/Certified Listening Professionals on a possible CLE session in Tucson, Arizona, in March 2016. More information will be forthcoming on the blog when details are more certain. 

Emotional intelligenceLeadershipPeople skills

Being “judgeable” is a good thing, mostly

Listen Like a Lawyer previously reviewed Heidi Grant Halvorson’s No One Understands You and What to Do About It. The review (and much of the book) focused on understanding how you are perceived, to have a more accurate effect on others. Accurate in this sense means you are perceived the way you intend to be perceived. It’s a pragmatic concern about how to interact with the world so as to be effective. The portions of the book about trust, power, and ego should be highly relevant to any lawyer working in a group.

What I didn’t talk about enough in the original review, and want to talk about now, is a deeper and more personal aspect of the book: the concept of being “judgeable.” Different people are stronger and weaker at being judgeable. What it means is expressing yourself so that others can perceive you more accurately:

It is definitely better to be judgeable—to have others read you easily and accurately. Research consistently shows that people who are more judgeable are psychologically better adjusted—they are happier; are more satisfied with their personal and professional lives; have more lasting, positive relationships; and have a greater sense of purpose. They feel able to live more authentically and are more confident in their self-knowledge. This makes a lot of sense.  . . . Life is simply easier and more rewarding when people “get you” and provide you with the opportunities and support that are a good fit for you.

Halvorson mentions a connection between being judgeable and living authentically. Within the context of a book all about thinking about how others perceive you, I found that a bit counter-intuitive at first. Before reading No One Understands You, I might have naively described authenticity like this: Proclaim you are living authentically and then stop caring about what other people think; you’re now living authentically and people need to accept you as you are. If they don’t understand you the way you like to express yourself, that’s their problem. You shouldn’t do anything about it because to do so would be compromising your authenticity.

(It should be obvious I hadn’t read very much on authenticity up to this point.) 

In fact, the book implies that living authentically means caring more about what other people think. Thinking about how trust, power, and ego may affect the way others are interacting allows a person to adjust to those distortions. By understanding the perception of others and trying to shape their perception toward what is really intended, a person can become more judgeable. This in turn helps them find the right social and professional fit for their skills and personality, which bears an obvious connection to living and working authentically.

In the professional world, we all know there are times when professionals—including but not limited to lawyers—need to make themselves less judgeable. Masking one’s motives in a negotiation, for example, could be an important skill. Projecting confidence when you are feeling dread seems like a good tool for any trial lawyer.

But negotiating and trying cases call for different skills than effectively managing a team. No One Understands You  is a business book, and Halvorson’s main audience is business leaders. For leaders, coming across to others as they intend helps with both communication and motivation. Thus lawyers interested in leadership and retention would do well to check out No One Understands You. 

So would lawyers who are interested in authenticity on a more individual basis. I had never heard the word “Judgeable” used in this context, and to be honest, the spelling with that “e” in the middle of “judgeable” still makes me cringe a little bit. (Too many years of highlighting “summary judgement” in commenting on legal writing.)

The concept of being judgeable, however, makes a lot of sense, both personally and professionally.

Emotional intelligenceGenderInnovationLeadershipLegal communication

Listening analytics?

One of my favorite sayings is from F. Scott Fitzgerald:

Slide1

Kenneth Grady’s Seytlines blog is an exercise in what Fitzgerald meant. In Grady’s essays on innovation in the legal industry—what it needs and where it is stagnating—human skills including “soft skills” have never been more valuable. Yet humans must use processes and systems and technology to avoid losing the competition to deliver value. Individual lawyers in all of their humanity have never been less expendable—or more.

Grady’s recent post Talking About Lawyer Performance illustrates the tension:

Providing legal services today involves much more than listening to a client’s problem and giving an opinion or delivering a document. It is a complex task in a fast moving environment that involves a much deeper and more nuanced understanding the environment in which the client operates. This isn’t an equation solely for large law firms and corporate legal departments, it is true throughout all levels of legal services delivery. Individuals’ lives are much more complicated today than 10, 20 or 30 years ago, so advising them isn’t as easy today as it was then.

This complexity manifests in the idea that legal-services delivery should be examined and broken into more distinct parts. This idea is pervasive throughout the legal-innovation conversation, and I’d like to think more about how it affects listening.

There may be a tradeoff in client satisfaction unless technological innovations are built with empathy and surgically precise understanding of how to approximate human interaction, and when actual real-time conversations and face time are crucial. On the other hand there will be a gain in client satisfaction if perceived unnecessary conversations where the client keenly feels the billing clock ticking are reduced or even eliminated. As I said, I’d like to think more about the delivery questions—and mostly I would just like to learn from those such as Grady and Patrick Lamb and Jeff Carr and others, the gurus in this area.

Beyond the questions of legal services delivery are deeper questions about what an individual lawyer does. (See Grady’s post on Defining the Unique Role of the Lawyer.) The analytical and problem-solving contributions are inextricably wrapped in the soft skills used to deliver them. As Grady has written elsewhere, “During the next decade, the skills that make up personality will play an increasingly important role.”

But do not believe that means the lawyer is unique beyond measure. Even the most human of human skills can benefit from systems analysis because even the most human of interactions can be measured:

Alex “Sandy” Pentland, who directs MIT’s Human Dynamics Laboratory and the MIT Media Lab Entrepreneurship Program, is one of the leaders in the people analytics field. His team developed sociometric devices—smartphones using special software—that teams of employees would wear during the day. The devices measured proximity to other employees, who was talking, engagement levels, and other data points. They did not capture what was being said. But, from this data Pentland’s team could determine which group dynamics led to more creativity or productivity. By altering the work situation, such as aligning work breaks rather than staggering them, Pentland’s team drove performance improvement along many metrics.

This was the part of the Lawyer Analytics post that really stood out. This blog has talked at various times about the problem of measuring listening. If you can’t measure it, you probably can’t assess it in a meaningful way. Perhaps these “sociometric devices” are the beginning of a solution to the problem.

When I first got started blogging here, I read a difficult but rewarding academic book, Talk and Social Theory: Ecologies of Speaking and Listening in Everyday Life, in which a scholar, Frederick Erickson, analyzed detailed transcripts of several conversations recorded in 1974: a blue-collar family at dinner, a college counselor and a student who was eligible for the Vietnam draft, a combined kindergarten-first grade class, and a medical resident and intern diagnosing a difficult case. He parsed every last detail of these conversations and even showed how they could be rendered with musical notation:

image

This book is where I learned the concept of the “conversation turn,” which essentially means taking over or handing back the conversational flow to your conversation partner. (See prior post on the “turn sharks” in law school.)

How do a bunch of random conversations in 1974 relate to legal skills today? Some things don’t change: Being a good listener means mastering conversation turns to keep the conversation going without taking over.  Just refer to Pam Woldow’s lengthy discussion of “manterruptions,” and the gender imbalance in who does the interrupting versus gets interrupted, to understand the relevance of conversation turns today. (Part I of Woldow’s series is here.)

The conversation studies in Erickson’s book were fascinating but clearly expensive to create and difficult to replicate.  With newer and more affordable technology like the sociometric device described in Lawyer Analytics, people won’t need to be invited to a scholarly study to get this kind of data. (To see the logical and alarming extension of these possibilities, read this article on “searchable speech.”)

The possibilities of these devices inevitably bring to mind FitBits. Ken Grady’s boss Stephen Poor has already covered that ground for lawyering generally in “FitBits, Data and Lawyers.” On quantifying communication specifically, it seems pretty likely that we will soon have relatively affordable “FitBits” for listening.

Client developmentCollaborationEmotional intelligenceGenderLeadership

Why it’s so hard to be understood

Among Listen Like a Lawyer’s summer reading is Heidi Grant Halvorson’s No One Understands You and What To Do About It (Harvard Business Review Press 2015). Halvorson is a professor at Columbia Business School; here she is interviewed by CBS News about the book.

51nTzV8T70L._SX328_BO1,204,203,200_The book’s focus is on understanding how others perceive you, so that you may better manage how you are perceived. It’s not focused on the legal industry, but it discusses psychological dynamics that certainly apply in law offices as well as any organization. For lawyers, law students, and legal professionals, I would say this book is most useful for the following goals:

  • exploring the dynamics of interviewing process
  • delving beyond the surface in what is happening at work, particularly in work teams and with organizational clients
  • improving how one is perceived by a supervisor or work team
  • lightly exploring broader “psychology of leadership” concepts in the business world

Across situations, cognitive biases on all sides create distortions and disconnects in how someone thinks they are perceived and a perceiver’s actual impression. For the person communicating a message, the “transparency illusion” creates the overly optimistic expectation that others do in fact understand our intention. This illusion comes about in part from overconfidence about how clearly we communicate:

Your emotions are less obvious than you realize, and your face is less expressive too. Studies show that while very strong, basic emotionssurprise, fear, disgust, and angerare fairly easy to read, the more subtle emotions we experience on a daily basis are not.

On the receiving end, the well-known confirmation bias leads people to interpret information as confirming what they already think. These types of biases are semi-automatic and hard to combat, although more effortful, careful thinking in the “correction phase” can correct for distortions. (This is what Daniel Kahneman calls System 2.)

After laying this groundwork, Halvorson spends most of the book talking about the “lenses” that affect first impressions, before any intentional “corrections” can take place. The three key lenses are:

  • the trust lens

Trust is based on two factors—warmth and competencethat may sometimes be at odds with each other. More on that in a moment.

  • the power lens

To get the attention of a powerful person, it’s all about showing your “instrumentality.” As Halvorson writes, “It’s not about being niceit’s about being useful.”

  • the ego lens

The ego plays games with perception so that the perceiver comes out on top. Understanding ego dynamics can help a person avoid being seen as an ego threat. The least manipulative-sounding of these is focusing on how the speaker and perceiver are members of the same group (such as alums of the same school or members of the same profession).

These lenses are at work in difficult situations that lawyers and legal professionals face every day. A few that come to mind: clients who resist signing settlements that are strongly in their favor; supervising lawyers who want to control conversations with clients; legal professionals who gain a reputation—either for good or poor work—that seems difficult if not impossible to alter.

All of these lenses could help with the goal of listening, in that knowing about them can help a listener understand better what the other person is saying and why. Developing trust by cultivating warmth was where listening came into play explicitly. Some warmth tactics seem obvious: make eye contact, smile, and focus. But Halvorson cites studies that “people generally have no idea when they are not doing these things.” One practical theme of the book is just to ask friends and family about how you come across: do you make eye contact? How do they perceive you?

A potential difficulty for lawyers is the conflict—or at least perceived conflict—between what it takes to show warmth versus competence:

When people are trying to appear warm, they are agreeable, engage in flattery, make kind gestures, and encourage others to talk (i.e. they are good listeners). But when they want to appear competent, they do the opposite–speaking rather than listening, focusing the conversation on their own accomplishments and abilities, and challenging the opinions of others as a demonstration of their own expertise. In fact, both consciously and unconsciously, people tend to use this knowledge and play down their competence (i.e., play dumb) to appear warm, and vice versa.

 

Halvorson notes this conflict is a particular conundrum for “nontraditional women” who may experience particularly virulent sexism for perceived failure to adhere to stereotypes about women. This is an example where she nods to the deep and troubling excesses of cognitive biases, but this book is not the place to look for introspection or sensitive exploration of stereotypes and what to do about them.

Rather, it’s a pragmatic toolkit for the person who wants others to “get” them. For trying to resolve the warmth/competence conflict, Halvorson suggests the “moral” aspects of warmth do not conflict with competence. These aspects include being “courageous, fair, principled, responsible, honest, and loyal.” She notes that in a brief interview, it is a lot easier to show your sense of humor than that you are principled. But overall, perceived—and actual—trust is built by “being someone the perceiver can always count on to do the right thing.”

Halvorson also has chapters for difficult interactions such as those with “vigilant risk-mitigators” and “aloof, avoidant perceivers.” She closes with a relatively short treatment  seeing others more clearly (e.g., “take more time” and “consider evidence for and against” a hypothesis) and even seeing yourself more clearly. A common thread throughout the book is to ask friends, family and (if you dare) colleagues how you come across. If people consistently perceive you in ways you don’t intend, then reading, re-reading, and working on the ideas in this book may be in order.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LeadershipLegal skillsPeople skillsProfessional developmentProfessional responsibility

Where competence and character come together

The nice thing about Twitter is you can learn from events you can’t actually attend. Today Stephen M.R. Covey (son of the 7 Habits guy) spoke at the “DEXIO” conference in Canada: Developing Excellence in Others. This slide from Covey’s talk caught my eye:

(HT to @ITCatherine for the slide.)

Covey’s list of 13 leadership behaviors wasn’t specifically aimed at lawyers as leaders, but it might as well have been. The behaviors were organized into three major categories — competence, character, and the convergence of the two.

Competence was an interesting category and one that will feel good to many lawyers because we are generally very smart and good at the tasks of lawyering. But being competent isn’t enough to succeed in a collaborative work environment. UC-Hastings Dean Frank Wu wrote about this in his Huffington Post column on Why Law Firms Fail. Likewise, while character is essential, it’s also not enough by itself to make a good lawyer.

The convergence category was the payoff of this slide. While competence and character are obviously indispensable to the work of a legal professional, each on its own is not enough. On the slide, Covey lists three behaviors where competence and character come together:

  • listening first
  • keeping commitments
  • extending trust

Obviously I was excited to see listening on that list. Good listeners are highly competent, and good listeners also show great character. Or we could state the opposite: Poor listening can lead to incompetence, such as by not being able to get results because crucial facts or motives were not perceived. (Ouch.) And poor listening may be perceived as disrespectful and therefore a sign of poor character. (Double ouch.)

But the deeper point here is about what it means to be a “high-trust leader” (the title of Covey’s slide) and to develop excellence in others (the theme of the conference). For lawyers responsible for developing excellence in others, what behaviors do they use to do so? Some may take a bit of a muscular attitude toward developing excellence: “I’m going to model it and you can watch and learn.”

Or a senior lawyer may effectively “teach” excellent swimming by throwing juniors into the pool. This approach was apparent in a training video from Hogan Lovells shown at the 2016 American Association of Law Schools’ Annual meeting (video at minutes 8:30-16:10) :

In that video, a senior lawyer was faced with a potential conflict over work allocation among two juniors on his team. To get excellence from this team, he was going to have to go beyond being a good lawyer and nice guy. His response to the conflict? Something along the lines of: “They’re adults; they’re going to have to work this out. I don’t have time for it.” So this guy was clearly not what Hogan Lovells was offering up as a great example of leadership. Maybe he could have used a little more listening, a little more trust-building. He seemed like a good lawyer — very competent and unassailable character. But something was lacking in the way he approached the situation. Maybe it was those behaviors at the intersection of competence and character.

Writing this post made me want to read Deborah Rhode’s book Lawyers as Leaders. For those who have, what would Rhode say about the behavioral categories in Covey’s slide above? How would she approach the hands-off lawyer attempting to lead a team in the Hogan Lovells video?

Thanks to Jennifer Kahnweiler for correcting an earlier version that misidentified Stephen M.R. Covey as his father, Stephen Covey.